Thalheimer v. Lockert
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Jesse C. Hart, Chancellor. STATEMENT BY THE COURT. This is a suit by appellee Lockert against appellants Fannie Thalheimer and her husband, Ben S. Thalheimer, and John- F. Smith, for the reformation of a deed executed by appellant Smith to appellee.
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Appeal from Pulaski Chancery Court. Jesse C. Hart, Chancellor. STATEMENT BY THE COURT. This is a suit by appellee Lockert against appellants Fannie Thalheimer and her husband, Ben S. Thalheimer, and John- F. Smith, for the reformation of a deed executed by appellant Smith to appellee. It is alleged in the complaint that Smith was the owner of the northwest quarter of section 6, in township 2 north, range 14 west, and on December 19, 1900, agreed to sell and convey to appellee forty acres off the west end of the south half of that quarter section for the sum of $100; that appellee paid the…
1Opinion of the Court
McCulloch, J.,
(after stating the 'facts.) Appellee and Smith both testify to the same effect that under the purchase appellee should have 40 acres of land, and that the deed should have described it. As against Smith, appellee’s right to a ref ofmation of the deed is clearly established; the only question in dispute being whether Mrs. Thalheimer under her subsequent purchase took without notice.
Smith testifies that when he agreed with Thalheimer (who made the trade as agent of his wife) for the sale, he informed the latter of his previous sale of 40 acres to appellee, and that he proposed to…
2Cases cited9 opinions
- Strauss v. WhiteSupreme Court of Arkansas · 1899
- Jowers v. PhelpsSupreme Court of Arkansas · 1878
- R. G. Atkinson & Co. v. W. A. & C. A. WardSupreme Court of Arkansas · 1886
- Sisk v. AlmonSupreme Court of Arkansas · 1879
- Watson v. MurraySupreme Court of Arkansas · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Walls v. HumphriesSupreme Court of Arkansas · 2013
- Naill v. KirbySupreme Court of Arkansas · 1924
- Sproull v. MilesSupreme Court of Arkansas · 1907
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